HOUSE OF REPRESENTATIVES

1523

1995 T127.26

SEC. 702. AUTHORIZATION OF APPROPRIATIONS.

Section 17(g)(1) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.

2216(a)(1)) is amended—

(1) by striking ‘‘and’’ at the end of subparagraph (E);

(2) by striking the period at the end of subparagraph (F) and inserting in lieu thereof a

semicolon; and

(3) by adding at the end the following new

subparagraphs:

‘‘(G) $28,000,000 for the fiscal year ending

September 30, 1996, which, notwithstanding

subsection (h), includes any amounts appropriated under subsection (h) (3) and (4) for

fiscal year 1996; and

‘‘(H) $28,000,000 for the fiscal year ending

September 30, 1997.’’.

SEC. 703. FIRE SAFETY SYSTEMS IN ARMY HOUSING.

Section 31(c)(1)(A)(ii)(II) is amended by inserting ‘‘, or in the case of housing under the

control of the Department of the Army, 6

years after such date of enactment’’ after

‘‘date of enactment’’.

SEC. 704. SUCCESSOR FIRE SAFETY STANDARDS.

The Federal Fire Prevention and Control

Act of 1974 is amended—

(1) in section 29(a)(1), by inserting ‘‘, or any

successor standard thereto,’’ after ‘‘Association Standard 74’’;

(2) in section 29(a)(2), by inserting ‘‘or any

successor standards thereto,’’ after ‘‘whichever is appropriate,’’;

(3) in section 29(b)(2), by inserting ‘‘, or any

successor standards thereto’’ after ‘‘Association Standard 13 or 13–R’’;

(4) in section 31(c)(2)(B)(i), by inserting ‘‘or

any successor standard thereto,’’ after ‘‘Life

Safety Code),’’; and

(5) in section 31(c)(2)(B)(ii), by inserting

‘‘or any successor standard thereto,’’ after

‘‘Association Standard 101,’’.

SEC. 705. TERMINATION OR PRIVATIZATION OF

FUNCTIONS.

The Administrator of the United States

Fire Administration shall transmit to Congress a report providing notice at least 60

days in advance of the termination or transfer to a private sector entity of any significant function of the United States Fire Administration.

SEC. 706. REPORT ON BUDGETARY REDUCTION.

The Administrator of the United States

Fire Administration shall transmit to Congress, within three months after the date of

the enactment of this Act, a report setting

forth the manner in which the United States

Fire Administration intends to implement

the budgetary reduction represented by the

difference between the amount appropriated

to the United States Fire Administration for

fiscal year 1996 and the amount requested in

the President’s budget request for such fiscal

year. Such report shall be prepared in consultation with the Alliance for Fire and

Emergency Management, the International

Association of Fire Chiefs, the International

Association of Fire Fighters, the National

Fire Protection Association, the National

Volunteer Fire Council, the National Association of State Fire Marshals, and the

International Association of Arson Investigators.

It was decided in the Yeas ....... 177 ! negative ....................... Nays ...... 229

T127.26 [Roll No. 712]

AYES—177

Abercrombie

Ackerman

Baesler

Baldacci

Barcia

Becerra

Beilenson

Bentsen

Berman

Bevill

Bishop

Bonior

Borski

Boucher

Brewster

Browder

Brown (CA)

Brown (FL)

Brown (OH)

Bryant (TX)

Cardin

Clay

Clayton

Clement

Clyburn

Coleman

Collins (IL)

Collins (MI)

Condit

Conyers

Costello

Coyne

Cramer

Danner

de la Garza

DeFazio

DeLauro

Dellums

Deutsch

Dicks

Dingell

Dixon

Doggett

Dooley

Doyle

Durbin

Edwards

Engel

Eshoo

Evans

Farr

Fattah

Filner

Flake

Frank (MA)

Frost

Furse

Gejdenson

Gibbons

Gonzalez

Gordon

Green

Gutierrez

Hall (OH)

Hall (TX)

Hamilton

Harman

Hastings (FL)

Hayes

Hefner

Hilliard

Hinchey

Holden

Houghton

Hoyer

Jackson-Lee

Jefferson

Johnson (SD)

Johnson, E. B.

Johnston

Kanjorski

Kaptur

Kennedy (MA)

Kennedy (RI)

Kildee

Kleczka

Klink

LaFalce

Lantos

Levin

Lewis (GA)

Lincoln

Lipinski

Lofgren

Lowey

Luther

Maloney

Manton

Markey

Martinez

Mascara

Matsui

McCarthy

McDermott

McHale

McKinney

McNulty

Meek

Menendez

Mfume

Miller (CA)

Minge

Mink

Montgomery

Moran

Murtha

Neal

Oberstar

Olver

Ortiz

Orton

Pallone

Pastor

Payne (NJ)

Payne (VA)

Pelosi

Peterson (FL)

Peterson (MN)

Pickett

Pomeroy

Poshard

Rahall

Rangel

Reed

Richardson

Rivers

Roemer

Rose

Roybal-Allard

Rush

Sabo

Sanders

Sawyer

Schroeder

Scott

Serrano

Sisisky

Skaggs

Skelton

Slaughter

Spratt

Stark

Stenholm

Stokes

Studds

Stupak

Tanner

Taylor (MS)

Thompson

Thornton

Thurman

Torres

Towns

Velazquez

Vento

Visclosky

Ward

Waters

Watt (NC)

Waxman

Williams

Wilson

Wise

Woolsey

Wyden

Wynn

Yates

NOES—229

Allard

Andrews

Archer

Armey

Bachus

Baker (CA)

Baker (LA)

Ballenger

Barr

Barrett (NE)

Barrett (WI)

Bartlett

Bass

Bateman

Bereuter

Bilbray

Bliley

Blute

Boehlert

Boehner

Bonilla

Bono

Brownback

Bryant (TN)

Bunn

Bunning

Burr

Burton

Buyer

Callahan

Calvert

Camp

Canady

Castle

Chabot

Chambliss

Chenoweth

Christensen

Chrysler

Clinger

Coble

Coburn

Collins (GA)

Combest

Cooley

Crapo

Cremeans

Cubin

Cunningham

Davis

Deal

DeLay

Diaz-Balart

Dickey

Doolittle

Dreier

Duncan

Dunn

Ehlers

Ehrlich

English

Ensign

Everett

Ewing

Fawell

Fields (TX)

Flanagan

Foley

Forbes

Fowler

Fox

Franks (CT)

Franks (NJ)

Frelinghuysen

Frisa

Funderburk

Gallegly

Ganske

Gekas

Geren

Gilchrest

Gillmor

Gilman

Goodlatte

Goodling

Goss

Graham

Greenwood

Gunderson

Gutknecht

Hancock

Hansen

Hastert

Hastings (WA)

Hayworth

Hefley

Heineman

Herger

Hilleary

Hobson

Hoekstra

Hoke

Horn

Hostettler

Hunter

Hutchinson

Hyde

Inglis

Istook

Jacobs

Johnson (CT)

Johnson, Sam

Jones

Kasich

Kelly

Kim

King

Kingston

Klug

Knollenberg

Kolbe

LaHood

Largent

Latham

LaTourette

Laughlin

Lazio

Leach

Lewis (CA)

Lewis (KY)

Lightfoot

Linder

Livingston

LoBiondo

Longley

Lucas

Manzullo

Martini

McCrery

McHugh

McInnis

McIntosh

McKeon

Meehan

Metcalf

Meyers

Mica

Miller (FL)

Molinari

Moorhead

Morella

Myers

Myrick

Nethercutt

Neumann

Ney

Norwood

Nussle

Obey

Oxley

Packard

Parker

Paxon

Petri

Pombo

Porter

Pryce

Quillen

Quinn

Radanovich

Ramstad

Regula

Riggs

Roberts

Rogers

Rohrabacher

Ros-Lehtinen

Roukema

Royce

Salmon

Sanford

Saxton

Scarborough

Schaefer

Schiff

Seastrand

Sensenbrenner

Shadegg

Shaw

Shays

Shuster

Skeen

Smith (MI)

Smith (NJ)

Smith (TX)

Smith (WA)

Solomon

Souder

Spence

Stearns

Stockman

Stump

Talent

Tate

Tauzin

Taylor (NC)

Thomas

Thornberry

Tiahrt

Torkildsen

Traficant

Upton

Vucanovich

Waldholtz

Walker

Walsh

Wamp

Watts (OK)

Weldon (FL)

Weldon (PA)

Weller

White

Whitfield

Wicker

Wolf

Young (AK)

Young (FL)

Zeliff

Zimmer

NOT VOTING—26

Barton

Bilirakis

Chapman

Cox

Crane

Dornan

Emerson

Fazio

Fields (LA)

Foglietta

Ford

Gephardt

Kennelly

McCollum

McDade

Moakley

Mollohan

Nadler

Owens

Portman

Roth

Schumer

Tejeda

Torricelli

Tucker

Volkmer

So the amendment in the nature of a

substitute was not agreed to.

The SPEAKER pro tempore, Mr.

DICKEY, assumed the Chair.

When Mr. KINGSTON, Chairman,

pursuant to House Resolution 234, reported the bill back to the House with

sundry amendments adopted by the

Committee.

The previous question having been

ordered by said resolution.

The following amendments, reported

from the Committee of the Whole

House on the state of the Union, were

agreed to:

Page 10, strike line 1 through line 7.

Page 29, line 18, insert ‘‘, of which at least

$2,000,000 is reserved for research and early

detection systems for breast and ovarian

cancer and other women’s health issues’’

after ‘‘$293,200,000’’.

Page 79, after line 16, insert the following

new section:

SEC. 257. USE OF ABANDONED AND UNDERUTILIZED BUILDINGS, GROUNDS, AND

TO FACILITIES.

(a) IN GENERAL.—In meeting the needs of

the National Aeronautics and Space Administration for additional facilities, the Administrator whenever feasible, shall select abandoned and underutilized buildings, grounds,

and facilities in depressed communities that

can be converted to National Aeronautics

and Space Administration facilities at a reasonable cost, as determined by the Administrator.

(b) DEFINITIONS.—For purposes of this section, the term ‘‘depressed communities’’

means rural and urban communities that are

relatively depressed, in terms of age of housing, extent of poverty, growth of per capita

income, extent of unemployment, job lag, or

surplus labor.

Page 3, after the item in the table of contents relating to section 256, insert the following:

Sec. 257. Use of abandoned and underutilized building, grounds, and facilities.

Page 64, line 14, through page 67, line 2,

amend subsection (c) to read as follows:
JOURNAL OF THE

1524

T127.26 OCTOBER 12

(c) DISCLOSURE OF TECHNICAL DATA.—Section 303 of the National Aeronautics and

Space Act of 1958 (42 U.S.C. 2454) is

amended—

(1) in subsection (a)(C), by inserting ‘‘or

(c)’’ after ‘‘subsection (b)’’; and

(2) by adding at the end the following new

subsection:

‘‘(c)(1) The Administrator, on the request

of a private sector entity, shall delay for a

period of at least one day, but not to exceed

5 years the unrestricted public disclosure of

technical data in the possession of, or under

the control of, the Administration that has

been generated in the performance of experimental, developmental, or research activities or programs funded jointly by the Administration and such private sector entity.

‘‘(2) Within 1 year after the date of the enactment of the National Aeronautics and

Space Administration Authorization Act,

Fiscal Year 1996, the Administrator shall

issue regulations to carry out this subsection. Paragraph (1) shall not take effect

until such regulations are issued.

‘‘(3) Regulations issued pursuant to paragraph (2) shall include—

‘‘(A) guidelines for a determination of

whether data is technical data within the

meaning of this subsection;

‘‘(B) provisions to ensure that technical

data is available for dissemination within

the United States to United States persons

and entities in furtherance of the objective

of maintaining leadership or competitiveness

in civil and governmental aeronautical and

space activities by the United States industrial base; and

‘‘(C) a specification of the period or periods

for which the delay in unrestricted public

disclosure of technical data is to apply to

various categories of such data, and the restrictions on disclosure of such data during

such period or periods, including a requirement that the maximum 5-year protection

under this subsection shall not be provided

unless at least 50 percent of the funding for

the activities or programs is provided by the

private sector.

‘‘(4) Along with the initial publication of

proposed regulations under paragraph (2),

the Administrator shall include a list of

those experimental, developmental, or research activities or programs conducted by,

or funded in whole or in part by, the Administration that may result in products or

processes of significant value in maintaining

leadership or competitiveness in civil and

governmental aeronautical and space activities by the United States industrial base.

Such list shall be updated biannually.

‘‘(5) The Administrator shall annually report to the Congress all determinations

made under paragraph (1).

‘‘(6) For purposes of this subsection, the

term ‘technical data’ means any recorded information, including computer software,

that is or may be directly applicable to the

design, engineering, development, production, manufacture, or operation of products

or processes that may have significant value

in maintaining leadership or competitiveness in civil and governmental aeronautical

and space activities by the United States industrial base.’’.

Page 74, after line 23, insert the following

new subsection:

(e) SAFE OPERATION.—

In reviewing proposals for moving to a single prime contractor the Administrator shall

give priority to continued safe operation of

space transportation systems.

Page 76, line 16, strike ‘‘30’’ and insert in

lieu thereof ‘‘60’’.

Page 76, line 18, insert ‘‘which meet the

microgravity flight needs of the National

Aeronautics and Space Administration,’’

after ‘‘to provide services’’.

Page 76, line 21, insert ‘‘as specified in

paragraph (3)’’ after ‘‘to the private sector’’.

Page 76, line 25, strike ‘‘, and’’ and insert

in lieu thereof ‘‘to a microgravity flight provider certified by the Federal Aviation Administration, and, except as provided in

paragraph (4),’’.

Page 77, after line 9, insert the following

new paragraphs:

(4) The Administrator may, as necessary to

ensure the continuity of National Aeronautics and Space Administration operations, continue to operate parabolic aircraft

flights for up to 3 months after a contract is

awarded under paragraph (3). If the Administrator continues operations pursuant to this

paragraph, the Administrator shall concurrently transmit to the Congress an explanation of the reasons for such action.

(5) Six months after the National Aeronautics and Space Administration ceases all

parabolic aircraft flights under paragraph

(3), the Administrator shall transmit a report to Congress on the effectiveness of privatization under this section.

Page 90, line 16, strike ‘‘$49,955,000’’ and insert ‘‘$121,265,000.’’

Page 90, line 17, strike ‘‘$43,234,000’’ and insert ‘‘$55,714,000.’’

Page 90, line 20, strike ‘‘$59,829,000’’ and insert ‘‘$112,186,000.’’

Page 90, line 22, strike ‘‘$45,535,000’’ and insert ‘‘$66,597,000.’’

Page 90, line 23, strike ‘‘$476,000’’ and insert

‘‘$1,701,000.’’

Page 91, line 3, strike ‘‘$1,994,000’’ and insert ‘‘$2,304,000.’’

Page 91, line 5, strike ‘‘$7,557,000’’ and insert ‘‘$6,295,000.’’

Page 91, line 7, strike ‘‘$12,370,000’’ and insert ‘‘$14,919,000.’’

Page 91, after 7, insert the following new

paragraph:

(9) Fuels Conversion, Natural Gas, and

Electricity, $2,687,000.

Page 91, line 13, strike ‘‘$55,074,000’’ and insert ‘‘$88,645,000.’’

Page 91, line 14, strike ‘‘$55,110,000’’ and insert ‘‘$109,518,000.’’

Page 91, line 15, strike ‘‘$112,123,000’’ and

insert ‘‘$176,568,000.’’

Page 91, line 17, strike ‘‘$7,813,000’’ and insert ‘‘$31,600,000.’’

Page 91, after line 17, insert the following:

(5) Policy and Management—Energy Conservation, $7,666,000.

(e) FISCAL YEAR 1997.—There are authorized to be appropriated to the Secretary for

fiscal year 1997 for operating, capital equipment, and construction, the following

amounts:

(1) Energy Supply Research and Development Activities, $2,600,000,000.

(2) General Science and Research Activities, $950,000,000.

(3) Fossil Energy Research and Development, $220,950,000.

(4) Energy Conservation Research and Development, $230,120,000.

Page 93, strike lines 3 and 4 and lines 21

and 22; and redesignate the subparagraphs

accordingly.

Page 103, line 24, strike ‘‘Unobligated’’ and

insert in lieu thereof ‘‘Subject to further appropriations, unobligated’’.

Page 90, lines 17 through 19, strike ‘‘, including’’ and all that follows through ‘‘Energy Research’’.

Page 109, line 10, strike ‘‘$8,757,000’’ and insert in lieu thereof ‘‘$86,757,000’’.

Page 116, lines 19 and 20, strike ‘‘Committee on Science’’ and insert in lieu thereof

‘‘Committee on Science and the Committee

on Resources’’.

Page 119, lines 9 through 23, strike paragraphs (1) and (2) and insert in lieu thereof

the following:

(1) SERVICE CONTRACTS.—Notwithstanding

any other provision of law and subject to the

availability of appropriations, the Secretary

shall enter into contracts, including

multiyear contracts, subject to paragraph

(3), for the use of vessels to conduct oceanographic research and fisheries research, monitoring, enforcement, and management, and

to acquire other data necessary to carry out

the missions of the National Oceanic and Atmospheric Administration. The Secretary

shall enter into these contracts unless—

(A) the cost of the contract is more than

the cost (including the cost of vessel operation, maintenance, and all personnel) to the

National Oceanic and Atmospheric Administration of obtaining those services on vessels

of the National Oceanic and Atmospheric Administration;

(B) the contract is for more than 7 years;

or

(C) the data is acquired through a vessel

agreement pursuant to paragraph (4).

(2) VESSELS.—The Secretary may not enter

into any contract for the construction, leasepurchase, upgrade, or service life extension

of any vessel.

(3) MULTIYEAR CONTRACTS.—

(A) IN GENERAL.—Subject to subparagraphs

(B) and (C), and notwithstanding section 1341

of title 31, United States Code, and section 11

of title 41, United States Code, the Secretary

may acquire data under multiyear contracts.

(B) REQUIRED FINDINGS.—The Secretary

may not enter into a contract pursuant to

this paragraph unless the Secretary finds

with respect to that contract that there is a

reasonable expectation that throughout the

contemplated contract period the Secretary

will request from Congress funding for the

contract at the level required to avoid contract termination.

(C) REQUIRED PROVISIONS.—The Secretary

may not enter into a contract pursuant to

this paragraph unless the contract includes—

(i) a provision under which the obligation

of the United States to make payments

under the contract for any fiscal year is subject to the availability of appropriations provided in advance for those payments;

(ii) a provision that specifies the term of

effectiveness of the contract; and

(iii) appropriate provisions under which, in

case of any termination of the contract before the end of the term specified pursuant

to clause (ii), the United States shall only be

liable for the lesser of—

(I) an amount specified in the contract for

such a termination; or

(II) amounts that were appropriated before

the date of the termination for the performance of the contract or for procurement of

the type of acquisition covered by the contract and are unobligated on the date of the

termination.

(4) VESSEL AGREEMENTS.—The Secretary

shall use excess capacity of University National Oceanographic Laboratory System

vessels where appropriate and may enter

into memoranda of agreement with the operators of these vessels to carry out this requirement.

Page 119, line 24, strike ‘‘(3)’’ and insert in

lieu thereof ‘‘(5)’’.

Page 120, lines 3 and 4, strike ‘‘, including

activities described in paragraphs (1) and

(2),’’.

Page 121, line 3, insert ‘‘(as of September

30, 1996)’’ after ‘‘Observation Buoys’’.

Page 121, lines 6 through 8, strike paragraph (7).

Page 121, lines 9, 11, 12, 13, and 15, redesignate paragraphs (8), (9), (10), (11), and (12) as

paragraphs (7), (8), (9), (10), and (11), respectively.

Page 121, lines 16 through 18, strike paragraphs (13) and (14).

Page 121, lines 19, 20, 22, and 24, and page

122, line 1, redesignate paragraphs (15), (16),

(17), (18), and (19) as paragraphs (12), (13), (14),

(15), and (16), respectively.
HOUSE OF REPRESENTATIVES

1525

1995 T127.26

Page 123, line 19, through page 124, line 6,

amend section 443 to read as follows:

SEC. 443. TERMINATION OF THE CORPS OF COMMISSIONED OFFICERS.

(a) NUMBER OF OFFICERS.—Notwithstanding

section 8 of the Act of June 3, 1948 (33 U.S.C.

853g), the total number of commissioned officers on the active list of the National Oceanic and Atmospheric Administration shall

not exceed 358 for fiscal year 1996. No commissioned officers are authorized for any fiscal year after fiscal year 1996.

(b) SEVERANCE PAY.—Commissioned officers may be separated from the active list of

the National Oceanic and Atmospheric Administration. In lieu of separation pay, officers so separated shall be eligible only for

severance pay in accordance with the terms

and conditions of section 5595 of title 5,

United States Code, and only to the extent

provided in advance in appropriations Acts.

(c) TRANSFER.—(1) Subject to the approval

of the Secretary of Defense and under terms

and conditions specified by the Secretary,

commissioned officers subject to subsection

(a) may transfer to the armed services under

section 716 of title 10, United States Code.

(2) Subject to the approval of the Secretary

of Transportation and under terms and conditions specified by the Secretary, commissioned officers subject to subsection (a) may

transfer to the United States Coast Guard

under section 716 of title 10, United States

Code.

(3) Subject to the approval of the Administrator of the National Oceanic and Atmospheric Administration and under terms and

conditions specified by that Administrator,

commissioned officers subject to subsection

(a) may be employed by the National Oceanic and Atmospheric Administration as

members of the civil service.

(d) REPEALS.—(1) The following provisions

of law are repealed:

(A) The Coast and Geodetic Survey Commissioned Officers’ Act of 1948 (33 U.S.C.

853a–853o, 853p–853u).

(B) The Act of February 16, 1929 (Chapter

221, section 5; 45 Stat. 1187; 33 U.S.C. 852a).

(C) The Act of January 19, 1942 (Chapter 6;

56 Stat. 6).

(D) Section 9 of Public Law 87–649 (76 Stat.

495).

(E) The Act of May 22, 1917 (Chapter 20, section 16; 40 Stat. 87; 33 U.S.C. 854 et seq.).

(F) The Act of December 3, 1942 (Chapter

670; 56 Stat. 1038.

(G) Sections 1 through 5 of Public Law 91–

621 (84 Stat. 1863; 33 U.S.C. 857–1 et seq.).

(H) The Act of August 10, 1956 (Chapter

1041, section 3; 70A Stat. 619; 33 U.S.C. 857a).

(I) The Act of May 18, 1920 (Chapter 190,

section 11; 41 Stat. 603; 33 U.S.C. 864).

(J) The Act of July 22, 1947 (Chapter 286; 61

Stat. 400; 33 U.S.C. 873, 874).

(K) The Act of August 3, 1956 (Chapter 932;

70 Stat. 988; 33 U.S.C. 875, 876).

(L) All other Acts inconsistent with this

subsection.

Following the repeal of provisions under this

paragraph, all retirement benefits for the

NOAA Corps which are in existence on September 30, 1996, shall continue to apply to eligible NOAA Corps officers and retirees.

(2) The effective date of the repeals under

paragraph (1) shall be October 1, 1996.

(e) ABOLITION.—The Office of the National

Oceanic and Atmospheric Administration

Corps of Operations and the Commissioned

Personnel Center are abolished effective September 30, 1996.

Page 4, amend the item in the table of contents relating to section 443 to read as follows:

Sec. 443. Termination of the corps of commissioned officers.

Page 126, line 14, through page 127, line 9,

strike section 453.

Page 127, line 10, and page 128, lines 1 and

11, redesignate sections 454, 455, and 456 as

sections 453, 454, and 455, respectively.

Page 129, after line 9, insert the following

new sections:

SEC. 456. CONVEYANCE OF NATIONAL MARINE

FISHERIES SERVICE LABORATORY

AT GLOUCESTER, MASSACHUSETTS.

(a) CONVEYANCE REQUIRED.—

(1) IN GENERAL.—The Secretary shall convey to the Commonwealth of Massachusetts

all right, title, and interest of the United

States in and to the property comprising the

National Marine Fisheries Service laboratory located on Emerson Avenue in Gloucester, Massachusetts.

(2) TERMS.—A conveyance of property

under paragraph (1) shall be made—

(A) without payment of consideration; and

(B) subject to the terms and conditions

specified under subsections (b) and (c).

(b) CONDITIONS FOR TRANSFER.—

(1) IN GENERAL.—As a condition of any conveyance of property under this section, the

Commonwealth of Massachusetts shall assume full responsibility for maintenance of

the property for as long as the Commonwealth retains the right and title to that

property.

(2) CONTINUED USE OF PROPERTY BY NMFS.—

The Secretary may enter into a memorandum of understanding with the Commonwealth of Massachusetts under which the National Marine Fisheries Service is authorized

to occupy existing laboratory space on the

property conveyed under this section, if—

(A) the term of the memorandum of understanding is for a period of not longer than 5

years beginning on the date of enactment of

this Act; and

(B) the square footage of the space to be

occupied by the National Marine Fisheries

Service does not conflict with the needs of,

and is agreeable to, the Commonwealth of

Massachusetts.

(c) REVERSIONARY INTEREST.—All right,

title, and interest in and to all property conveyed under this section shall revert to the

United States on the date on which the Commonwealth of Massachusetts uses any of the

property for any purpose other than the

Commonwealth of Massachusetts Division of

Marine Fisheries resource management program.

SEC. 457. CLEANUP OF NOAA FACILITIES.

(a) IN GENERAL.—The Secretary shall

cleanup landfills, wastes, dumps, debris,

storage tanks, property, hazardous or unsafe

conditions, and contaminants (including,

without limitation, petroleum products and

their derivatives), on lands which the National Oceanic and Atmospheric Administration and its predecessor agencies abandoned,

quitclaimed, or otherwise transferred, or is

obligated to transfer, to local entities or

landowners on the Pribilof Islands, Alaska,

pursuant to the Fur Seal Act of 1966 (16

U.S.C. 1161 et seq.).

(b) SPECIFIC REQUIREMENTS.—To carry out

subsection (a), the Secretary shall—

(1) by December 31, 1995, execute agreements with the State of Alaska, affected

local entities and landowners, and in the

case of new landfills, the Indian Health Service;

(2) manage the cleanup required in subsection (a) with the minimum possible Federal overhead, delay, and duplication of

State and local planning and design work;

(3) receive approval of the State of Alaska

for the cleanup plans prepared as a result of

the agreements described in subsection (b)(1)

where said cleanup is required by State law;

(4) receive approval of affected local entities and landowners before conducting cleanup work on their property, if such approval

is not obtained by agreement in accordance

with paragraph (5);

(5) to the maximum extent possible, and

notwithstanding any other law, carry out duties under this Act and under other Federal

laws on the Pribilof Islands through contracts, grants, or cooperative agreements,

including agreements on a reimbursable

basis, with the local entities and landowners

and with residents of the Pribilof Islands;

and

(6) not require financial contributions by

or from local entities or landowners.

(c) CONTENTS OF AGREEMENTS.—The agreements described in subsection (b)(1) shall—

(1) require the Secretary to clean up all

sites referred to in subsection (a), as soon as

possible;

(2) specify the Secretary’s responsibility

to—

(A) contribute to the planning and construction of new or redeveloped landfills;

(B) provide technical and financial assistance and training to the local entities and

landowners and residents of the Pribilof Islands; and

(C) to the greatest extent possible, secure

their participation in carrying out this section.

(d) DEFINITIONS.—For purposes of this

section—

(1) the term ‘‘cleanup’’ means, without

limitation, planning and execution of remediation actions for lands described in subsection (a) and redevelopment of landfills to

meet regulatory requirements; and

(2) the term ‘‘local entities and landowners’’ means those local political subdivisions and entities that have received or are

eligible to receive lands under the Fur Seal

Act of 1966 (16 U.S.C. 1161 et seq.).

Page 4, strike the items in the table of contents relating to sections 453 through 456 and

insert in lieu thereof the following:

Sec. 453. Eligibility for awards.

Sec. 454. Prohibition of lobbying activities.

Sec. 455. Report on laboratories.

Sec. 456. Conveyance of National Marine

Fisheries Service laboratory at

Gloucester, Massachusetts.

Sec. 457. Cleanup of NOAA facilities.

At the appropriate place in Title IV insert

the following:

SEC. . OCEAN APPLICATIONS BRANCH.

(a) ESTABLISHMENT.—The Secretary of

Commerce shall establish and maintain

within the Administration a program to be

known as the Ocean Applications Branch (in

this section referred to as the ‘‘Branch’’).

(b) PURPOSE.—The purpose of the Branch

shall be to make oceanographic and other information developed by the Department of

Defense Fleet Numerical Meteorology and

Oceanography Center available for private,

educational, and government use pursuant to

agreement between the Secretary of Defense

and the Secretary of Commerce. It shall be

the goal of the Secretary of Commerce to

support the activities of the Ocean Applications Branch through user fees.

(c) LIMITATION ON CLOSURE.—The Secretary

of Commerce shall not terminate operation

of the Branch, before the Branch fully funds

its operations through private sources, including user fees, or fiscal year 1996, whichever comes first.

Page 114, line 19, strike ‘‘(a) MARINE PREDICTION RESEARCH.—’’.

Page 115, strike lines 1 through 17.

Page 122, strike lines 10 through 21 (and redesignate the subsequent subsection accordingly).

On page 122, line 5, strike ‘‘Science’’ and

insert instead ‘‘Resources and the Committee on Science’’.

Page 115, line 7, strike ‘‘$34,500,000’’ and insert in lieu thereof ‘‘$51,000,000’’.

Page 115, line 12, strike ‘‘$1,500,000’’ and insert in lieu thereof ‘‘$2,000,000’’.

Page 108, line 9, through page 109, line 4,

amend subsection (g) to read as follows:
JOURNAL OF THE

1526

T127.27 OCTOBER 12

(g) WEATHER SERVICE MODERNIZATION.—

Title VII of the National Oceanic and Atmospheric Administration Authorization Act of

1992 is amended—

(1) in section 706—

(A) by amending subsection (b)(6) to read

as follows:

‘‘(6) any recommendations of the Committee submitted under section 707(c) that

evaluate the certification.’’;

(B) by striking ‘‘60-day’’ in subsection

(c)(2) and inserting in lieu thereof ‘‘30-day’’;

(C) by amending subsection (d) to read as

follows:

‘‘(d) FINAL DECISION.—If the Secretary decides to close, consolidate, automate, or relocate any such field office, the Secretary

shall publish the certification in the Federal

Register and submit the certification to the

Committee on Commerce, Science, and

Transportation of the Senate and the Committee on Science of the House of Representatives.’’; and

(D) by amending subsection (f) to read as

follows:

‘‘(f) TRANSITION PROGRAM.—The Secretary

shall maintain for a period of at least two

years after the closure of any weather office

a program to—

‘‘(1) provide timely information regarding

the activities of the National Weather Service which may affect service to the community, including modernization and restructuring; and

‘‘(2) work with area weather service users,

including persons associated with general

aviation, civil defense, emergency preparedness, and the news media, with respect to the

provision of timely weather warnings and

forecasts.’’; and

‘‘(2) by amending section 707(c) to read as

follows:

‘‘(c) DUTIES.—The Committee may review

any certification under section 706 for which

the Secretary has provided a notice of intent

to certify in the plan, including any certification for which there is a significant potential for degradation of service within the affected area. Upon the request of the Committee, the Secretary shall make available

to the Committee the supporting documents

developed by the Secretary in connection

with the certification. The Committee shall

evaluate any certification reviewed on the

basis of the modernization criteria and with

respect to the requirement that there be no

degradation of service, and advise the Secretary accordingly.’’.

Page 109, after line 4, insert the following

new subsection:

(h) NEXRAD OPERATIONAL AVAILABILITY

AND RELIABILITY.—(1) The Secretary of Defense, in conjunction with the administrator

of the National Oceanic and Atmospheric Administration, shall take immediate steps to

ensure the NEXRAD’s operated by the Department of Defense that provide primary

detection coverage over a portion of their

range function as fully committed, reliable

elements of the national weather radar network, operating with the same standards,

quality, and availability as the National

Weather Service-operated NEXRAD’s.

(2) NEXRAD’s operated by the Department

of Defense that provide primary detection

coverage over a portion of their range are to

be considered as integral parts of the National Weather Radar Network.

On page 110, after line 5 insert the following new sub-section:

‘‘(d) Nothing in this Act shall preclude the

National Oceanic and Atmospheric Administration from carrying out studies of long

term climate and global change.’’

Page 109, after line 4, insert the following

new subsection:

(h) REPORT.—Section 704 of the Weather

Service Modernization Act (15 U.S.C. 313

note) is amended by adding at the end the

following new subsection:

‘‘(c) REPORT.—The Secretary shall contract

with the National Research Council for a review of the NEXRAD Network radar coverage pattern as indicated in the 1996 National Implementation Plan of the National

Weather Service for a determination of areas

of inadequate radar coverage. In conducting

such a review, the National Research Council

shall prepare and submit to the Secretary,

no later than 6 months after the date of the

enactment of this Act, a report which assesses the feasibility of existing and future

Federal Aviation Administration Terminal

Doppler Weather Radars to provide reliable

weather radar data, in a cost-efficient manner, to nearby weather forecast offices.

The Secretary shall report to the Committee

on Science of the House of Representatives

and the Committee on Commerce, Science,

and Transportation of the Senate, not later

than 60 days after receiving the report under

this subsection, on recommendations to implement the findings in such report.

Page 144, after line 25, insert he following:

‘‘(e) COMMINGLING.—It shall be unlawful for

any manufacturer, importer, or private label

distributor to commingle like fastener from

different lots in the same container, except

that such manufacturer, importer, or private

label distributor may commingle like fasteners of the same type, grade, and dimension from not more than two tested and certified lots in the same container during repackaging and plating operations. Any container which contains fasteners from two

lots shall be conspicuously marked with the

lot identification numbers of both lots.

Page 145, line 1, strike ‘‘(e)’’ and insert in

lieu thereof ‘‘(f)’’.

Page 149, after line 23, insert the following

new section:

SEC. 612. AVAILABLE FUNDING.

Nothing in this title prohibits the National

Institute of Standards and Technology from

using available funds to perform standards

related research and development activities

relating to environmental technologies,

health care, information infrastructure, and

construction technologies.

Page 4, after the item in the table of contents relating to section 611, insert the following:

Sec. 612. Available funding.

Page 152, after line 19, insert the following

new title:

TITLE VIII—BUY AMERICAN

SEC. 801. BUY AMERICAN.

(a) SENSE OF CONGRESS.—It is the sense of

Congress that any recipient of a grant under

this Act, or under any amendment made by

this Act, should purchase, when available

and cost-effective, American made equipment and products when expending grant

monies.

(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—

In allocating grants under this Act, or under

any amendment made by this Act, the Secretary shall provide to each recipient a notice describing the statement made in subsection (a) by the Congress.

Page 4, after the items in the table of contents relating to title VII, insert the following:

TITLE VIII—BUY AMERICAN

Sec. 801. Buy American.

The bill, as amended, was ordered to

be engrossed and read a third time, was

read a third time by title.

The question being put, viva voce,

Will the House pass said bill?

The SPEAKER pro tempore, Mr.

DICKEY, announced that the yeas had

it.

Mr. BROWN of California demanded

that the vote be taken by the yeas and

nays, which demand was supported by

one-fifth of the Members present, so

the yeas and nays were ordered.

The vote was taken by electronic device.

It was decided in the Yeas ....... 248 ! affirmative ................... Nays ...... 161

T127.27 [Roll No. 713]

YEAS—248

Allard

Andrews

Archer

Armey

Bachus

Baker (CA)

Baker (LA)

Ballenger

Barcia

Barr

Barrett (NE)

Bartlett

Bass

Bateman

Bereuter

Bilbray

Bliley

Blute

Boehlert

Boehner

Bonilla

Brewster

Brownback

Bryant (TN)

Bunning

Burr

Burton

Buyer

Callahan

Calvert

Camp

Canady

Castle

Chabot

Chambliss

Chenoweth

Christensen

Chrysler

Clinger

Coble

Coburn

Collins (GA)

Combest

Condit

Cox

Crane

Crapo

Cremeans

Cubin

Cunningham

Danner

Davis

Deal

DeLay

Diaz-Balart

Dickey

Dooley

Doolittle

Dreier

Duncan

Dunn

Ehlers

Ehrlich

English

Ensign

Everett

Ewing

Fawell

Fields (TX)

Flanagan

Foley

Forbes

Fowler

Fox

Franks (CT)

Franks (NJ)

Frelinghuysen

Frisa

Frost

Funderburk

Gallegly

Ganske

Gekas

Geren

Gilchrest

Gillmor

Gilman

Goodlatte

Goodling

Goss

Graham

Green

Greenwood

Gunderson

Gutknecht

Hall (TX)

Hancock

Hansen

Harman

Hastert

Hastings (WA)

Hayes

Hayworth

Hefley

Hefner

Heineman

Herger

Hilleary

Hobson

Hoekstra

Hoke

Hostettler

Houghton

Hunter

Hutchinson

Hyde

Inglis

Istook

Johnson (CT)

Johnson, Sam

Jones

Kasich

Kelly

Kim

King

Kingston

Klug

Knollenberg

Kolbe

LaHood

Largent

Latham

LaTourette

Laughlin

Lazio

Leach

Lewis (CA)

Lewis (KY)

Lightfoot

Linder

Livingston

LoBiondo

Longley

Lucas

Luther

Manzullo

Martini

McCarthy

McCrery

McDade

McHugh

McInnis

McIntosh

McKeon

Metcalf

Meyers

Mica

Miller (FL)

Minge

Molinari

Montgomery

Moorhead

Morella

Murtha

Myers

Myrick

Nethercutt

Neumann

Ney

Norwood

Nussle

Oxley

Packard

Parker

Paxon

Peterson (MN)

Petri

Pickett

Pombo

Porter

Portman

Pryce

Quillen

Quinn

Radanovich

Ramstad

Regula

Riggs

Roberts

Rogers

Rohrabacher

Ros-Lehtinen

Roukema

Royce

Salmon

Sanford

Saxton

Scarborough

Schaefer

Schiff

Seastrand

Sensenbrenner

Shadegg

Shaw

Shays

Shuster

Sisisky

Skeen

Skelton

Smith (MI)

Smith (NJ)

Smith (TX)

Smith (WA)

Solomon

Souder

Spence

Spratt

Stearns

Stockman

Stump

Talent

Tate

Tauzin

Taylor (MS)

Taylor (NC)

Thomas

Thornberry

Tiahrt

Torkildsen

Traficant

Upton

Vucanovich

Waldholtz

Walker

Walsh

Wamp

Watts (OK)

Weldon (FL)

Weldon (PA)

Weller

White

Whitfield

Wicker

Wolf

Young (AK)

Young (FL)

Zeliff

Zimmer

NAYS—161

Abercrombie

Ackerman

Baesler

Baldacci

Barrett (WI)

Becerra